The man accused of killing Cascade County Sheriff's Deputy Joe Dunn with his car in August was back in Cascade County court Wednesday.

Adam Sanchez Jr. was transported from the Montana State Prison to attend the motions hearing, in which presiding District Judge Dirk Sandefur made decisions about issues regarding the case before the trial.

Deputy County Attorney Joshua Racki summarized the purpose of a motions hearing in a statement to the court, "know the rules of the game when we show up."

Sandefur quickly granted the state's motion to exclude the fact that they amended the charge regarding Dunn's death from the jury because the defense did not object. The state originally charged Sanchez with deliberate homicide, but amended it in March to deliberate homicide under what is known as the "felony murder rule."

The first version of the charge is the "traditional" murder charge, meaning someone purposefully or knowingly caused the death of another person. The felony murder rule portion of the statute specifies that a death occurred while a person was committing a forcible felony. In this case, the forcible felony is assault with a weapon, as the state asserts Sanchez purposefully or knowingly hit Dunn with his car.

This change in the charge spurred one of the other motions addressed Wednesday. The state filed a motion that negligent homicide is not a lesser-included offense for the felony murder rule per Montana statute. Lesser-included offenses can be included with jury instructions. Negligent homicide would have a lesser-included offense under the original deliberate homicide charge.

Sandefur agreed with the state's citation of state law, but allowed the defense to make the argument that Sanchez has the right to include the lesser offense in jury instructions to fulfill due process, despite what the statute says.

Sandefur ruled that the state's interpretation of the law was correct, explaining the state made the choice, based on the evidence, that they don't want the lesser included offense on the table.

"They essentially went all in on this," he added, noting that if there is doubt the jury might be hung or Sanchez could be acquitted based on this strategy. Though, Sanchez does face four other felony charges in the case.

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(Photo: TRIBUNE PHOTO/RION SANDERS)

Sandefur also ruled on the state's motion to introduce evidence of prior bad acts or crimes. This is an issue because the commission of prior crimes is not allowed as trial evidence per Montana law.

The state said it intends to use admissions made by Sanchez during his change of plea on an unrelated but similar case last July, before Dunn's death. Sanchez pleaded guilty to two counts of criminal endangerment charges in connection with an armed robbery and another chase with deputies the previous November. Racki said that Sanchez admitted to knowing the risk of death or bodily injury he posed to law enforcement officers during a high-speed chase.

The defense argued the evidence would be highly prejudicial without much probative value to the state's case.

"I don't think the state needs it," Public Defender Nichole Lovrich said during her response.

After a lengthy discussion, Sandefur ruled that the information is generally inadmissible at trial, unless a narrow provision is met in which the defense claims Sanchez did not appreciate the dangerous nature of his alleged conduct and the effects that conduct would have on involved officers. If that threshold is met, Sandefur added, the state must ask permission before referencing the admissions.

After the motions rulings, the defense requested the court allow them to use an accident reconstruction expert not disclosed to the court by the April deadline. Tom Bartleson of the State Public Defender's Office argued that interviews with witnesses after the deadline revealed new information that their previously contacted expert deemed important to the defense strategy

Sandefur reluctantly allowed the addition of the expert to protect Sanchez's right to defend himself. The judge was reluctant because he warned both sides of the strict nature of deadlines at a scheduling hearing months ago, specifically to avoid a "dueling experts" issue that could potentially delay the trial, which is scheduled to begin Sept. 28 in Billings.

Sandefur carefully laid out the time line for the new submission and the state's response before adjourning the hearing.